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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Hi I hope you can give me some advice.I bought a

Customer Question

Hi I hope you can give me some advice. I bought a replacement engine for my car from a firm specializing in low mileage Japanese imports for £1500.00 . The engine was delivered to my local garage to be fitted on the 9th of September and my car was booked in for the following Monday 15th September . I had been told by my garage to allow 1 week for the work to be carried out. So I hired a car for £190.00 per week. I was informed on Wednesday the 17th by my garage that the engine supplied was not correct and would not fit my car. I phoned the supplier who told me it was defiantly the correct engine all that was needed to make it fit was a different mounting plate on the bottom of the engine which they would send to the garage. The part arrived on the 23 september and was still incorrect. My garage contacted the engine suppliers and emailed photographs indicating the fault and once again stated that in there opinion the engine was the wrong one. The engine suppliers once again assured my garage that the engine was correct and they could get the correct part shipped from Dubai to arrive week commencing 29th September the part was finally delivered two week later on the 14th of October. It was fitted and found to be incorrect. The engine supplied the said that they would collect the car from my local garage and take it to there workshops to be fitted correctly the car was collected on Friday 17 October my local garages bill came to £2300 for the work they had done including £540 in new service parts for the engine. The engine suppliers then informed me the engine supplied my them was in fact the wrong one and they would replace it with another low millage uk spec engine and install all new service parts I had bought (which were interchangeable) . This has taken them 3 weeks and I am now going to collect the car later today (Saturday the 8th November). My question is are the engine suppliers liable to any of my extra costs (namely carl hire.)incurred because of there mistake of originally supplying the wrong engine then insisting it was the correct one and taking more time in sending parts which did not fit. 8 weeks car rental at 190 per week £1520.00 Regards William

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola

Yes that's fine.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Is it just the car hire you wish to claim? Could you have used an alternative method of transport during this time e.g. public transport, to lessen the cost?
Customer: replied 2 years ago.

Hi Alex

Yes it is mainly the added cost of the car hire but I also paid £43.00

For a train ticket Derby to collect the car. I live in Herefordshire a very rural county using public transport was not a option.

Regards William

Expert:  Alice H replied 2 years ago.
Hi William
Thanks for the additional information.
Presumably you will sue the other party for breach of contract - both the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 will help you.
If you can establish breach of contract then you can seek losses which are 'not too remote' under the rule in Hadley v Baxendale (1854).
So you can claim the cost of car hire for the portion of time where there were delays. You will, of course, have to justify the need to have a rental but in principle so long as the daily cost was reasonable then there shouldn't be a problem with this claim.
Happy to discuss further if needed.
Alex

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